Monday, July 25, 2016
25 July 2016 Dearborn County Plan Commission Meeting Notes
25 July 2016 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Art Little, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
ABSENT: Mike Hornbach
Also Present: Mark McCormack, Plan Director, Nicole Dailey, Ass’t Planner, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI Statement on the voluntary survey.
ACTION ON MINUTES- at the end of the meeting Feb 22, 2016 minutes were approved.
OLD BUSINESS: none
1. Request: Waivers and Major Revisions to the existing Primary Plat for the ‘White Pines’ Subdivision.
Applicant: JDJ Surveying & Engineering / Owner: White Farm Development, LLC
Site Location: North Dearborn Road Legal: Sec. 20, T7, R1, Map #01-20, Parcel #013 Township: Logan Size: 56 Acres
NATURE OF REQUEST: Major Revision to the Original, Approved Concept
Development Plan & Primary Plat; Waiver Requests
Background & Introduction:
The Applicant is requesting to make major changes to the accepted Concept Development Plan and Primary Plat for the White Pines Subdivision—specifically, the Applicant is seeking to significantly reduce the residential density of the development, reduce connectivity of the proposed street system,establish a shared private driveway, and eliminate landscaping buffers and sidewalks, propose changes to the previous conditions of approval ( Ag covenant)
Major changes shall consist of any substantial increase in density, elimination of roadway connections, major realignment of roadways, major reconfiguration of lots and similar type changes.
3) The Applicant is requesting to reduce the total number of lots in the White Pines Subdivision
to 56 buildable lots—significantly reducing the residential density of the development and
eliminating the landscaping buffer requirement, as permitted and acknowledged in the
amended written commitment agreement between the Owners and Dearborn County (2016).
Please refer to Article 25, Table 25.1 of the Zoning Ordinance regarding the minimum
dimensional standards and maximum density requirements for Residential Districts.
Please note that a Residential (R) zoning classification allows for a maximum density of 4
units per acre. The Applicant’s previous Primary Plat submittal, approved in February of
2008, contained 75 buildable lots (1.34 dwelling units per acre); the Applicant’s current
Primary Plat submittal involves 56 buildable lots (1.00 dwelling units per acre)—both of
which are acceptable in association with the recorded written commitments.
4) The Applicant’s proposed revisions to the White Pines Subdivision include the removal of all sidewalks. In conversations with the Plan Commission staff, the Applicant has indicated that these changes are directly linked to the significant decrease in the subdivision’s overall density.
5) The Applicant’s proposed reconfiguration also involves the reduced connectivity of the
proposed street system within the Subdivision.
In 2008, the Applicant presented and received approval for a Primary Plat which
provided connectivity within and through the Subdivision, from North Dearborn
Road to Gaynor Ridge Road. This revised plat proposal involves the elimination of
the street connectivity between North Dearborn Road and Gaynor Ridge Road—and
involves the establishment of a dead-end street system which requires 2 Waivers.
All of the streets on the approved Primary Plat from 2008 were intended to be
dedicated and publicly-maintained. The current plat submission involves the
creation and utilization of one (1) shared / common private driveway within the
northeastern portion of the site (to access Lots 30-34).
(**)A dead-end street or street system shall not be more than twelve hundred (1200) feet in
length. The length of a dead-end street or street system shall be the cumulative distance
measured from the intersection of the centerlines of the dead-end street and the intersecting public street to the center of the radial turnaround(s) provided at the terminus of the street or street system. Please refer to Figures 3.1 & 3.2. This 1200-foot length requirement may be waived by the Plan Commission…”
(*)The Applicant is seeking a waiver to create a dead-end street system—which starts at the
proposed North Dearborn Road public road access—that would serve 38 dwelling units (8
dwelling units more than the Ordinance permits without a waiver).
(**)The Applicant is seeking a waiver to create a dead-end street system that is approx..
1,880 feet in length (~680 feet more than the Ordinance permits without a waiver).
At the time of this report, it was unclear if there were any fence(s) along the eastern
property line that needed to be added / shown on the final plat submittal.
The building setback dimensions have not been added to / noted on the updated
Primary Plat submittal. **Staff suggests either the removal of the side and rear
setback lines—with a note to be added to the final plat that acknowledges that
“current applicable zoning regulations or districts will determine side and rear
building setbacks”—or that some of the non-conforming building setback lines
(such as those associated with proposed Lots 30-32, among others) be changed to
meet the County’s requirements. The front yard building setbacks for the
Subdivision development are proposed to fluctuate:
i. Along North Dearborn Road: 60’ to Property Line; 100’ to Center Line
ii. Along Short and Gaynor Ridge Road(s): 45’ to PL; 70’ to CL
iii. Along the proposed public roads in the interior lots: 30’ to PL; 55’ to CL
iv. Along the proposed, shared private drive for Lots 30-34: 30’ to PL; 55’ to CL
**The proposed front yard building setback lines are consistent with the Residential
(R-DP) Zoning designation that was approved as part of the previous Primary Plat
Applicant is requesting removing items 1-3 and part of 4 and 5-8 from the original 2008 PC motion.
MOTION FROM FEBRUARY 2008 PLAN COMMISSION MEETING:
(**Please note**: The Applicant’s proposed changes have been highlighted)
Mr. Thompson made a motion to approve the White Pines Primary Plat, with conditions.
Plan Commission counsel, Arnie McGill, requested Mr. Thompson to recap and categorize his motion. Mr. Thompson’s final motion for approval was based on the following items:
1. There will be an average of 4 trees planted per lot along the adjacent roadways—with the
proposed buffer areas noted on the plat
2. There will be uniformity in association with fencing in the buffer areas, as controlled by
restrictions / covenants or a property owner’s association.
3. There will be restrictions / covenants or a property owner’s association in place to retain
the character and improvements associated with the proposed buffer areas
4. There will be restrictions / covenants or a property owner’s association established to
ensure the repair and perpetual maintenance of retention and detention facilities,
sidewalks, and the service lane to the sanitary lift station. The developer will repair and
maintain auxiliary improvements and infrastructure until the Subdivision is complete
5. There will be appropriate detention or prevention of leakage around the sewage lift station
to prevent contamination of the pond on the adjacent property to the east
6. Architectural review will be conducted by the developer of the Subdivision, prior to the
approval of any proposed homes
7. There will be an ‘Agricultural’ covenant established that ensures that existing agricultural uses are protected from the expansion of the new residential uses
8. Every effort will be made to locate the sanitary sewer lines on the west side of Conifer
Court inside the development, unless St. Leon can provide good reason not to do so
9. There will be restrictions / covenants or a property owner’s association in place to ensure
that the color schemes of accessory building match the residences that are built
Mr. Nelson seconded the motion. All in favor. None opposed. Motion carried.
TECHNICAL REVIEW COMMITTEE
April 20, 2016
Attention: Jeff Stenger
JDJ Surveying & Engineering, LLC
12606 Locust Lane
Sunman, Indiana 47041
RE: Primary Plat, White Pines Estates
As you know, the Dearborn County Technical Review Committee formally reviewed the
Primary Plat application for White Pines Estates Subdivision that you submitted and finds that the plans can be submitted for Plan Commission request with the following items suggested to be revised or submitted as additional or missing information.
Plan Commission Modification and Waiver Request:
As discussed with the Technical Review Committee, the request that will need to be made to the Plan Commission will be the following:
A. Modification to previously approved and recorded written commitments for the initial
zone map amendment of the property. Item #2 of the written commitments will be
requested to be modified to reflect the additional wording that no buffer yard will be
required if the subdivision is 56 lots or less. This modification request will be a favorable
or unfavorable recommendation to the County Commissioners for a final decision.
B. Modification to the previously approved Primary Plat of 75 lots. This will ensure that if
the modification is denied, the previously approved Primary Plat will remain intact, if
improvement plans can be submitted prior to the expiration of the last extension request.
If the Board were to make an approval of this request, they would have to add a condition
onto the approval based on the final outcome of the written commitments approval
through the County Commissioners;
Primary Plat Deficiencies and Requested Items:
1. Add a street section detail and a private lane section detail to the Primary Plat;
2. Please add any existing fencing, retaining walls, and structures within 100 feet of the
3. Please add the zoning districts associated with all adjoining properties;
4. Please properly label the areas of retention or detention, so it is clear if the areas will
retain water or not;
5. The letters from the local school and fire/EMS still need to be submitted;
6. Please label building setback lines with the dimensions;
7. Please fix the math calculations for the lot phasing that was located on page two of the
Primary Plat. Please add an estimated timeline for each phase on the revised plat;
8. Lot 31 must be a minimum of 30 feet wide for the panhandle;
9. Please add calculations for the average lot size for the entire subdivision to determine if a
waiver is necessary to eliminate sidewalks for the subdivision. If requesting a waiver on
this regulation, please note that on the plan;
10. Please add calculations to determine average lot frontage for the requirement of curb and
11. Please note a waiver is required to allow 38 lots on a dead-end street and set forth
statements that indicate the need for the waiver;
12. Please note a waiver is required to allow a dead-end street longer than 1200 feet and set
forth statements that indicate the need for the waiver;
13. Please add or make note of sight distances associated with the lots that front Short Road
and Gaynor Ridge Road. If adequate sight distances can’t be meet add locations of
shared driveways if necessary;
If you would like the Plan Commission to hear the Primary Plat request during the May meeting, revised plans will need to be submitted by Friday, April 22, 2016. If you have any additional estions please feel free to call me at the office.
Jeff Stenger presented for the applicant. He recapped the approval by the PC and Commissioners in June/July meetings for reduced density. It was done to be more along the lines of where the market is now. The redone configuration is ore n line with what the neighbors wanted. Most will enter thru Gaynor Ridge Road. They also no longer have the rears of the houses facing the existing streets. A lot of this area is ZONED Ag but it’s use is more low to high density Residential. They want to do fluctuating setback lines so they are set back about 70 ft. Sidewalks are a big issue and they don’t want them on existing county roads on both sides. And they think the sidewalk will connect to nowhere. The people that live there will be using the inside streets mostly. They are at 1 lot / acre which is borderline for the requirement. The 38 lots on the cul de sac is not out of line with some others in the county. Farmland Drive is much longer.Lansing asked if Harley Springs had sidewalks. Answer NO.
About 1344 ft from N Dearborn Rd to Lot 50 per McCormack. McCormack said that some of the other subdivisions in the area went in before some of the changes went into effect in the ordinance. Connectivity and pedestrian life and trail planning and Green Umbrella have all come into play since then. Development and technology have changed form 9 years ago. We are pushing for better development and better quality. In the past in the 60s lots could not get septic repaired- no extra sites. The Ag covenant was being considered and wasn’t in the ordinance yet until we get the rest of the ordinance text on residential is revised. There is a template for it and draft set up. It would have to be litigated like every other covenant if disputed.
Bob Gaynor- This layout is kind of misleading. There are 36 lots in there on about 3/4 acre. Total acres are 56 - but some of them are on larger and she on lots smaller than an acre. The driveways total almost an acre of hard surface. Concerned for all the water and drainage. That gets set up at tech review per Kraus Jr. Lang and he disagreed on the crop’s runoff vs what house would have. There are two swales on Short Road. Lang said that this site won’t be approved if the water leaving this site exceeds what leaves there now. He brought up Tom Bender and Roland Hill’s ponds and dams from drainage from the N Dearborn library. Kraus Jr. said it was supposed to go down thru Randy Lyness’s pond in the design
Tom Gaynor- son’s and brother and he farm there on Gaynor Ridge- since the 60’s. He spoke about the Ag covenant They have a hog and cattle operation. Farm equipment goes up and down 2.5 miles on Gaynor Ridge. There are other farmers that use that road. We intend to stay there. The hog operation is a big reason to keep that covenant in there.
Steve Kuhn- lives and farms on Gaynor Ridge with his family. He also wants to be sure the Ag covenant in place. Not just smells but machinery and chemicals on the fields. It was there when first approved and needs to stay. Just because previous ones didn’t have it doesn’t mean this one shouldn’t. It won’t cost anything really. It forewarns the buyer. This actually gets put on the plat so it is a binding covenant. He doesn’t wan to have St. Leon sewer along their road. The farms don’t need the sewer.
END PUBLIC DISCUSSION:
Jeff Stenger- currently there is sewer across from this in two places in front of Clint Crocker’s property and one other spot. Pushed small lots to inside and larger lots outside so the exterior properties look larger to the existing neighbors. Detention will be calculated. The Ag coven in other places is not good- but Beiersdorfer showed him the county’s version with is much more reasonable. The setbacks are being added to be sure if other builders come in they set homes back 70 ft and not crowd the neighbors.
Baudendistel- said tay even Ripley County’s new ordinance allows people to comply or sue if the farmer is negligent for example. Restrictive covenants are permitted but need to not be adverse to public policy. Ripley County had an Ag restrictive covenant since 1991. No cases against it yet. He said civil cases can still be brought if needed. Sidewalks in the public ROW have to be ADA compatible.
Richard Schmidt- doesn’t want to be singled out as needing an Ag covenant when others in the area don’t have it.
Chris Mueller- I asked what the dates of the subdivisions in the are approved were.
McCormack said that they were there before this was contemplated and Right to Farm was coming up in ordinance discussions etc. came up around the time of White Pines then too. White Pines was one of the last big subdivisions approved before the economic downturn. They also discussed setbacks some more.
Stenger said that they could put the one the county has proposed or something similar on their plat for the Ag covenant.
Baudendistel said courts say you cannot waive your right to sue if someone is negligent.
PC decided to address the 3 waivers separately.
Lehman motioned to approve the waiver for an additional 680 ft on to the col de sac existing length and Beiersdorfer 2nded. All ayes.
Lehman motioned to approve for 38 units on a dead end street system and Beiersforfer 2nd. All ayes.
Hoog motioned to require no sidewalks in the proposed development and Thatcher 2nd. Lang wanted to have sidewalks on the interior lots- though not the interior roads.Talked about kids and eventual trails. Lehman said the roads have no gutter- so it is open ditch and sidewalks don’t work there. Lang changed his mind. All ayes.
Lehman motioned to the conditions that they want to keep from the original motion. 1,2,3, 5 and 8 are gone. Keep 6 and 9 as is. Number 4 strikes out the lift station language and sidewalks. Change Number 7 is to adopt an ag covenant as drafted in previous PC sessions language. And the building set back on north dearborn to be 80 ft and the outbuildings or accessory uses. Beiesdorfer 2nd. All ayes.
Nicole Dailey gave update on 911 process- about 45% data inserted. They are meeting with the cities to get addresses from them so 911 could be accurate.
McCormack- getting an intern hopefully. No financial guarantee report. Nothing due till late this year. One case item on August meeting and possibly two. Working on some ordinances esp sign ordinances. Will send some samples to them.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller